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…Kenya Commercial Bank & 2 Others [2012] eKLR , for the proposition that a court’s jurisdiction flows from the Constitution or statute and cannot be assumed. 8.…

…Claims Court lacked jurisdiction and upheld striking out of the claim. 17.…

…It argues that since the appeal was filed before a court lacking jurisdiction, it is a nullity incapable of transfer. 3.…

…The objection herein challenges the jurisdiction of this Court. Jurisdiction is a pure question of law and may be raised at any stage of proceedings. The Preliminary Objection is therefore properly before the Court. 7.…

…The petitioner states regarding the transfer, that this court has jurisdiction to adjudicate on this petition by virtue of article 165(3) of the Constitution which confers on the court jurisdiction to hear and determine this…

…The petition therefore falls within the constitutional jurisdiction of this Court.…

…Ltd & another [2013] eKLR to buttress their argument that this court has no jurisdiction to preside over this petition.…

…Whether a court has jurisdiction to hear a matter or not, is a threshold question to be determined based on the facts of the matter before court.…

…A Court acting without jurisdiction is acting in vain. All it engages in is nullity.…

…On the source of a Court’s jurisdiction, the Supreme Court of Kenya in Samuel Kamau Macharia & Another vs.…

…Article 23(1) of the Constitution Grants the High Court jurisdiction to hear and determine applications for redress of violations or threats to rights and fundamental freedoms.…

…RESPONSE BY THE STATE The Respondent opposed the application on grounds that the issue of sentence was already determined by a court of competent jurisdiction, and this Court cannot reopen or review the same.…

…Where eviction arises from use, occupation, or title to land , the High Court lacks jurisdiction. 10.…

…The court held that jurisdiction is a pure point of law and a proper subject of a preliminary objection.…

…That this Honourable Court lacks jurisdiction to determine the issues raised, as they involve issues of land ownership and interests, which fall under the purview of the Environment and Land Court as per Article 162(2) &…

…Since this Honourable Court lacks jurisdiction, the application should be struck out with costs. 5.…

…This is a straight forward matter as the Applicant challenges the filing of the Originating Summons in the High Court at Nairobi, when there is a court of competent jurisdiction in Kitui and the filing in Nairobi will visit…

…does have jurisdiction. 7.…

…It maintained the stance that a suit filed in a court without jurisdiction is a nullity and therefore incapable of being transferred to a court with jurisdiction.…

…lacking jurisdiction to a court with jurisdiction and therefore sanctify an incompetent suit.…

…The respondents urged that the court lacked jurisdiction to hear and determine the matter. 8.…

…It was submitted that, given the foregoing provision, the court's jurisdiction had not been ousted.…

…However, I am of the opinion that if a court has no jurisdiction to do something, it cannot do so in what is said to be the interests of justice.…

…It is clear from the foregoing that the claim by the respondent was filed before a court devoid of jurisdiction.…

…The applicants therefore argued that this matter and the ensuing order confirm the trial court’s lack of jurisdiction. 8.…

…jurisdiction. 18.…

…Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence.…

…Jurisdiction of the Court (1) Subject to this Act, the Court shall have jurisdiction to determine any civil claim relating to... (d) Compensation for personal injuries.” 39.…

…Attorney General & 2 others [2020] eKLR, where the Court held that jurisdiction is omnipresent, courts can raise it suo motu and it cannot be conferred by consent or ignoring the issue.…

…The 1st Defendant submitted that Parliament intended to deny the High Court original jurisdiction in energy sector matters.…

…A Judge of one court cannot exercise jurisdiction reserved to another merely because the relief sought is one that a superior court may ordinarily grant. 8.…

…I consequently find that this Court lacks jurisdiction to entertain or determine the application for leave.…

…On the first issue, the Respondent challenges the jurisdiction of this Court under Section 173(3) of the Insurance Act.…

…A court’s jurisdiction flows from either the Constitution or legislation or both.…

…It is further submitted that a subordinate court has jurisdiction to hear and determine a declaratory suit, and Kenya Power and Lighting Company Limited vs.…

…Elias Okinyi Ofire [1999] 2 EA 61 (Gicheru, Kwach & Shah, JJA), a subordinate court has a jurisdiction to make a declaratory order, so long as the value of the subject matter is within the jurisdiction of that court. 10.…

…Whether the small claims court had jurisdiction over the counterclaim 17.…

…Section 12(3) of the Act explicitly limits the court's pecuniary jurisdiction: “The pecuniary jurisdiction of the Court shall be limited to one million shillings.” 18.…